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NCP got sick and didn't take visitation....

tankh21's picture

I am just curious is there any way that if a NCP is sick and doesn't take visitation can a CP use it against them later on in court?

Comments

momjeans's picture

Could the NCP be legitimately sick? Is this a common occurrence, refusing time? I’d probably let it go, but if it keeps happening I’d definitely nip it.

tankh21's picture

Like could BM use it raise CS? DH was sick last night and didn't pick up the skids they stay over every Thursday night. This happened one time when DH had surgery a few month back and last night because he was simpy sick and stayed home from work.

momjeans's picture

I doubt it. Things come up. Stuff happens.

This is, HOPEFULLY, and area where the CP and the NCP work together as adults. He can offer to make the time up to her. If she refuses, well that is on her. Also, document that she refused his offer.

nengooseus's picture

If it was something that happened all the time, that would be an issue if the CP wanted to reduce PT or if NCP sought more PT. But one time of having the flu or whatever and not picking up the skids shouldn't be an issue.

BethAnne's picture

Even if it did increase cs, how much would one night split over the whole year really be?

I doubt you have anything to worry about. If he happens to go to the doctors then keep records of that if you really want. Note it down in a diary why he did not get them. But don’t worry about it. There is nothing to be done now anyway.

ESMOD's picture

Not required to take visitation. As a NCP. But...if this happens on a regular basis, she may bring it up to get more support based on overnights. It may work against him if he ever wants more custody too.

ESMOD's picture

Not required to take visitation. As a NCP. But...if this happens on a regular basis, she may bring it up to get more support based on overnights. It may work against him if he ever wants more custody too.

momjeans's picture

Also...

Fun fact: My MIL (who has always been far up BM’s arse), loves to remind me that DH has to take skid whenever BM wants him to, for however long BM wants him to, or he will get in very bad, big, no good kind of trouble.

Okay lady. }:)

tankh21's picture

MY MIL is in cahoots with BM as well. I mean of course she wants to know what is going on with her grandkids but, last year she came into my house and started to tell DH and me things which seemed to be the exact same thing that BM was demanding to DH a few weeks before. MIL says she is coming this year again in April but now that I set boundaries and told her to back off when it comes to my house hopefully she knows.

bananaseedo's picture

Visitation is their right, not obligation-unlike CS. NO, she can't get an increase for two missed incidents, or even 5-10 honestly. It would cost her more to go to court then any perceived increased for a few less nights a year.

Don't worry about it.

lieutenant_dad's picture

The real answer is how CS is calculated in your area. Here, overnights impact CS, but not on an individual basis. Overnights count on a range basis, like 0-52 nights is one rate, 53-72 another, etc. The ranges seem to be based around common visitation schedules, and builds in for missing days or taking an extra.

Can BM cause a stink with it? Sure, but she can with anything. That doesn't mean a judge is going to listen or grant her anything for it. If your DH can show he was sick and contagious, which would put the kids at risk, and only denies his visitation during those times, he should be fine. If he can also show that he tried to work with BM to make up the time, even better.

Judges can be swayed by lying, exaggerating BMs, but most are going to be REALLY unhappy if someone shows up with a million little complaints that don't amount to anything. That will end up hurting BM versus hurting your DH.

Thumper's picture

Tankh21--Hopefully you feeling more at ease reading the replies.

Agree with LT-Dad above cs overnight comment too.

Taking is further, I heard of ncp's 'awarded' all summers, still having to pay full support to BM, support the child means at ncp home AND pay camp. CP didn't have to give anything AND could enjoy summers at the shore or wherever.

Finally these NCP gave UP all summers excepted just enough time to not tip over into higher cs amount. NO blinking of eyes from the court. Irate cp's though they had to have the child they insisted on having to be CP, during non-school days.

Cant say I don't blame the ncp.

At one point we gave up all of Christmas and Spring Breaks.

*A long time ago it use to be that CP's had to give ncp back cs when child stayed longer than so many nights in summer. So, of course cp would manipulate the system to fall under that magical number and prohibited 1 hour more with ncp*

Sorry dh is sick, hope he feels better.